Public Law 81–672

That any United

St. Elizabeths Hospital, D. C.

Care, etc., of certain mentally unsound persons of Va. and Md.

States commissioner specially designated for that purpose by the United States District Court for the Eastern District of Virginia or by the United States District Court for the District of Maryland shall have jurisdiction and authority to commit to Saint Elizabeths Hospital in the District of Columbia, for observation and diagnosis, any person found in any place over which the United States has exclusive or concurrent jurisdiction in Arlington County, Fairfax County, or the city of Alexandria, in the State of Virginia, or in Montgomery County or in Prince Georges County, in the State of Maryland, who is alleged, and is believed by the commissioner, to be of unsound mind. Any United States commissioner specially designated for that purpose by the United States

Period of commitment.

District Court for the District of Columbia shall have like jurisdiction and authority in the case of any person temporarily detained in Saint Elizabeths Hospital, pursuant to section 2 hereof. Any such commitment shall be for a period not exceeding thirty days and may be made only after a hearing before the commissioner upon the testimony under oath of at least two witnesses who shall testify as to

Notification of husband or wife, etc.

their belief that the said person is of unsound mind and, in addition, upon the testimony under oath or affidavit of two physicians, at least one of whom is skilled in the treatment and diagnosis of nervous and mental disorders, who shall testify or certify in writing that they have examined the said person alleged to be of unsound mind and believe said person to be of

Notification of department head.

unsound mind and not fit to remain at liberty and go unrestrained, and that such person should be in custody in a hospital for the treatment of mental or nervous disorders for his own safety and welfare and for the preservation of the peace and good order. It shall be the duty of the head of the agency of the United States in control of the place where such person is

Compensation of physician.

apprehended to forthwith notify the husband or wife or some near relative or friend of the person so apprehended whose address may be known to said agency head or whose address can by reasonable inquiry be ascertained by him: Provided further, That in the case of any person described in section 5, the agency head shall notify the head of the department having jurisdiction over the service to which the individual belongs. The agency of the United States in control of the place where such person is apprehended is authorized to employ physicians for the aforesaid purpose and to pay compensation for their services and to pay expenses of witnesses in such proceedings out of

Expenses of witnesses.

funds available therefor. Physicians who are officers or employees of the United States or who are members of the armed forces of the United States are hereby authorized to render such services without additional compensation.

Sec. 2.

Any officer or employee of the United States authorized to

Authority of U. S. officer, etc.

make arrests, and any guard or watchman employed by the United States is hereby authorized and empowered to apprehend and detain any person whom he believes to be of unsound mind and found in any of the aforesaid places and, except as provided in section 3 hereof, to bring such person for a hearing before a United States Commissioner for the district where such person was apprehended and designated as provided in section 1 hereof. If an immediate hearing before a commissioner

Hearing.

cannot be had, such officer or employee is authorized and empowered to take such person to Saint Elizabeths Hospital and the Superintendent of Saint Elizabeths Hospital is authorized to detain such person pending a hearing before a United States commissioner for the District of Columbia, designated as provided in section 1 hereof, for a period not exceeding seventy-two hours. Such commissioner shall hold a hearing as promptly as practicable after the apprehension of such person and in any event not later than seventy-two hours thereafter. Such hearing shall be conducted at Saint Elizabeths Hospital if the Superintendent thereof shall certify that in his opinion it would be prejudicial to the health of the patient or unsafe to produce the patient at a hearing elsewhere. If, after any hearing at a place other than Saint Elizabeths Hospital, the commissioner commits a person to Saint Elizabeths Hospital, any officer, employee, guard, or watchman above-mentioned is authorized to transport such person to Saint Elizabeths Hospital in accordance with the order of the commissioner.

Sec. 3.

Any person in any of the places described in section 1 hereof

Written application for admission.

may, upon his written application, be admitted for observation and diagnosis to Saint Elizabeths Hospital in the discretion of the Superintendent thereof for a period not exceeding 30 days. Any such person

Release.

expressing a desire for release from Saint Elizabeths Hospital shall be released within 72 hours thereafter, unless proceedings for his adjudication as a person of unsound mind shall have been instituted as provided for in section 5 hereof.

Sec. 4.

The Superintendent of Saint Elizabeths Hospital is hereby authorized and directed to receive for observation and diagnosis any person apprehended or committed as provided in sections 1 and 2 hereof for the periods therein prescribed, unless such person is sooner discharged or returned to his home or to the State of his residence.

Sec. 5.

The Superintendent of Saint Elizabeths Hospital shall

Examination, etc.

promptly examine any person committed as provided in sections 1 and 2 of this Act and (a) if found to be of sound mind, shall forthwith discharge said person, or (b) if found to be of unsound mind, shall return such person to the State of his residence or to his relatives, if practicable. Proceedings for the adjudication of such person, or of

Adjudication proceedings.

any person admitted to the hospital pursuant to section 3 hereof, as a person of unsound mind and for the appointment of a committee of his person or property may be instituted in the United States District Court for the District of Columbia by the Federal Security

Applicability of D. C. laws.

Administrator or by any party interested. The laws of the District of Columbia shall be applicable to such proceedings. Nothing in this Act shall be construed as imposing upon the District of Columbia the expense of care and treatment of any person apprehended, detained, or committed under this Act unless such person be a resident of the District of Columbia as defined in section 8 of the Act entitled “An Act to provide for insanity proceedings in the District of Columbia”,

53 Stat. 1296.

D. C. Code § 21–315.

approved August 9, 1939.

Sec. 6.

Any person belonging to the Army, Navy, Air Force, Marine

Transfer of custody of armed services personnel.

Corps, or Coast Guard arrested, apprehended, detained, or committed under the provisions of this Act shall, upon the request of the head of the department having jurisdiction over the service to which the individual belongs, be transferred forthwith to the custody of such department.

Sec. 7.

If any person adjudicated to be of unsound mind under the

Transfer to Veterans’ facility.

provisions of this Act is entitled to care and treatment in a Veterans’ Administration facility, he may be committed by the United States District Court for the District of Columbia to the custody of the Administrator of Veterans’ Affairs for placement in an available facility or may be transferred by the Superintendent of Saint Elizabeths Hospital to any such facility: Provided, That nothing in this Act shall limit, restrict, or deprive the courts of any State or the District of Columbia of jurisdiction to commit to the Veterans’ Administration any insane person entitled to care and treatment by the Veterans’ Administration in accordance with the laws so made and provided by such States or the District of Columbia.

Sec. 8.

The Superintendent of Saint Elizabeths Hospital is authorized

Travel, etc., expenses.

to arrange for and pay the expenses of the transfer of any person committed to his custody pursuant to the provisions of this Act or admitted to the Hospital pursuant to section 3 hereof, to his relatives

Supra.

or to a hospital in the State of his residence and in connection with such transfer is authorized to pay the transportation and expenses of attendants necessary to insure safe travel.